Download the PDF: Notice of eviction for subdivision, enlargement or change of destination of a dwelling

Télécharger le PDF : Objection to eviction

For a limited time, citizens who wish to learn more about their rights and obligations in cases of repossession and eviction may ask to be contacted by the information service of the Tribunal to obtain answers to their questions. An information clerk will contact the citizen within two business days.

The Tribunal’s telephone information service has also been adjusted to make it easier for citizens to obtain information on these matters.

I would like to be contacted by the information service regarding a question about repossessing a dwelling or evictions to divide a dwelling, enlarge it substantially or change its destination.

The lessor of a dwelling may evict the lessee to divide the dwelling, enlarge it substantially or change its destination.

He must then give a  written notice to the lessee.

The notice must indicate the date and the reason for eviction and incorporate the contents of article 1959.1 of the Civil Code of Québec (restrictions on the right to evict if the lessee is 70 years of age or over). It must also be sufficiently clear so that the lessee is able to fully understand the lessor’s intentions and evaluate the impact.

The lessee may apply to the Tribunal administratif du logement to object to the eviction.

The notice from the lessor and the application of the lessee must respect the time periods shown in this table.

A notice that does not contain all the required information or fails to meet the stipulated deadlines may be declared invalid by the Tribunal.

In addition, there are special rules for private seniors’ residences and other types of housing for seniors. For further information on this topic, please refer to the Signing a lease with a private residence section of our website.

RESTRICTION ON THE RIGHT TO EVICT

The lessor of a dwelling may not evict a lessee if the lessee, or the lessee’s spouse, at the time of the eviction, is 70 years of age or over, has occupied the dwelling for at least 10 years, and has income equal to or less than the maximum threshold to qualify for a dwelling in low-rental housing under the By-law respecting the allocation of dwellings in low rental housing.

REFUSAL BY THE LESSEE

It is not enough for the lessee to simply reply to the lessor that he or she is not vacating the dwelling. To object to the eviction, the lessee must file an  Objection to eviction form with the Tribunal within one month of receiving the notice of eviction sent by the lessor. In the event of an objection, the lessor must show that he or she truly intends to subdivide, enlarge or change the destination of the dwelling and is permitted to do so by law. If the lessor is not able to meet these conditions to the satisfaction of the Tribunal, the eviction will be refused.

During the objection, the lessee may also apply to the Tribunal to fix certain conditions to support his or her departure should the eviction be granted, such as determining a later departure date than that stipulated in the notice of eviction. If the lessee considers that the prejudice sustained warrants greater damages than those covered by the indemnity under the law, he or she may also apply to the Tribunal to order the lessor to pay these damages.

If the lessee fails to apply to the Tribunal within one month of receiving the notice of eviction, he or she must vacate the dwelling by the date indicated in the notice. For example, a lessee who received a notice of eviction on December 15 will have until January 15 to institute a proceeding before the Tribunal.

A dwelling that has been the subject of an eviction may not, without the authorization of the Tribunal, be leased or used for a purpose other than that for which the right was exercised. If the Tribunal gives authorization to lease the dwelling, it fixes the rent.

ACCEPTANCE BY THE LESSEE

If the lessee accepts the eviction, he or she must simply comply with the notice received. If the lessee fails to contest the eviction before the Tribunal within one month of receiving the notice of eviction sent by the lessor, he or she is assumed to have consented to leaving the dwelling permanently by the date indicated in the notice.

The lessor is legally obligated to pay an indemnity equal to three months’ rent and reasonable moving expenses to the evicted lessee. The indemnity is payable upon the expiry of the lease; the moving expenses are payable on presentation of supporting documents.

CONCILIATION

The Tribunal has a conciliation service. This is a simple, fast, free, optional and confidential service that allows you to meet with the other party with a conciliator present, so you can try to find an amicable solution to your dispute.

To be eligible for a conciliation session, you must first have filed an application with the Tribunal.

For additional information, please refer to the Conciliation between lessor and lessee section.

EVICTION IN BAD FAITH

A lessor may not act in bad faith and use a false ground to evict a lessee. For example, a lessor may not apply for the eviction of a lessee to get rid of a lessee or to lease the dwelling again for a higher rent without carrying out the declared enlargement, subdivision or change of destination.

Even if the lessee has accepted the eviction, he or she may apply to the Tribunal to order the lessor to pay damages if the lessee was evicted in bad faith. The lessee may also apply for punitive damages aimed at dissuading and punishing the lessor who illegally evicted him or her. The application must be filed with the Tribunal within not more than three years after the lessee becomes aware of facts that prove that the eviction was not justified.